本帖最后由 唐炜臻 于 2015-8-19 08:23 编辑
我进监狱几个月以后写的一封给一个律师的公开信(英文),这个律师去年死了。
Weizhen Tang Collins Bay Institution P.O.Box 5117, Kingston, Ontario K7L 0A8 2013-07-27 Mr. Edward Greenspan, Brian Greenspan 144 King Street East Toronto, Ontario M5C 1G8
Open letter to late Mr. Edward L. Greenspan and Mr. Brian H. Greenspan, the pre-eminentcriminal and appeal lawyers of Canadafor media release
Dear Mr. Edward L. Greenspan and Mr. BrianH. Greenspan,
My name is Weizhen Tang, I am a privatehedge fund manager who managed money for accredited investors and millionaire investorsonly. I was exempt to register with a securities regulator, OSC. Some peoplecalled me “The Chinese Warren Buffet”, and invested millions of dollars oftheir money with me. I raised 52 million dollars to Canada in three years and total of60 million. I ‘m a public figure and everybody is watching me and monitoringme, it is impossible for me to defraud anyone in past, now and in the future.
My business was investigated by OSC as earlyas 2005 and registered both with OSC and Texastrade commission of USAin 2008. I was running a legitimatebusiness, but forced hard landing in 2009 by the authorities. Any people who work for the government are calledauthorities in Canada.
Ifind it peculiar that although I raised money by my good name, good image, goodcharacter, good earning power, my honesty and trading skills, my promise and myreputation so that the country, the economy, the community and my investors,all benefited greatly from these efforts yet the OSC and the crown stillcharged me with fraud and convicted me of the charge.
The authorities of OSC, the police and thecrown along with the court accused me of committing the offence of fraud. Theysaid I billed myself “the Chinese Warren Buffet” and were self admittedlyamused by the case. They all agreed on the absence of money, greed and personalgain and conceded that I had nothing but ambition to become the major player inthe market. I must be the only one who would, did and will take loss forinvestors and really put investors’ interest first in Canada and theWestern Countries where all the regulators force investors to take loss ontheir own. My desire was to make money for my investors, to set higher standardsas an example for the securities industry and benefit all investors by seekingand bringing justice to the people.
I was wrongfully convicted on Oct. 30, 2012 andsentenced by the honourable Justice Alfred O’Mara on Feb.1 2013. It is my wishfor immediate appeal of the sentence and conviction including the forfeiture of2.84 million dollars by way of fine. Subsequently, they deprived my right toappeal and denied appeal bail simply because I did not have properrepresentation and they thought my reversing the conviction improbable. Itseems more likely that the crown and the court are fearful that if out on bailI would eventually secure representation and successfully appeal my conviction.
Mr. Greenspan, I heard everybody talk aboutyou and your names and the appeal judges said you had hard fought and left nostone unturned in challenging the crown case for Mr. Drabinsky and Mr. Gottliebin the case of R. v. Drabinsky. You also appealed the cases for them. The crownin my case R. v. Tang used his case as case law, gave me a crown’s book ofauthorities; I did not read it before because I do not understand the law andthe case law as my trial judge said.
Since I have been put into custody at JAU, Joyceville,Kingston and Ihave had plenty of time to read and study. I asked my wife to send me law books and court documents andtranscripts, I read everyday and always think about my case. I read two casesin the book you were working on such as R. v. Drabinsky and R. v. Gaudet, Ifound out they are very interesting and valuable to me and that you are thebest among all other cases, the book of authorities has 15 cases and I read allof them and had a chance to review them and the justice system and find whattheir problems are so I can have a realistic plan how to win my case and know whattakes to win. No doubt, I need the best lawyers, the lawyers like you andrenounced forensic accountant and other industry expert like me, mostimportantly is the money.
After read the case law, I found out that you are indeed both among Canada’s pre-eminent criminal counsel and turned every stoneto challenge the crown, but you did not win any of the big cases like that, no lawyerscould win any cases like that in Canada since there is no fair trial likeGeorge Zimmerman trial in US and no justice in Canada. Even though you are right and touched everypoint and correctly pointed out that the trial judge did not understand and didnot want to understand, they do not have to and always has apprehension of bias.
You must remember what the trial judge, who sat in the R. v. Gaudet case and she was honest and tell the truth, said: “It is not possible, nor is it necessary for me to arrive at a full and completeunderstanding of the actions of the three accused which let them to commit thesubject crime. For example, I cannot fully understand why the accused chose todefraud a company in which they were the substantial shareholders and,ultimately victims too, of their own fraud. This is the central theme in theposition of the defence.
Nor do I totally understand how the accused could have believed that they would be able to successfully avoid detectionafter leaving such a paper trail recording their crimes. However, interestingand important those and other questions may be, they need not be resolved. Myfunction is only to determine whether the crown, on all of the evidence, has proven guilt on each count beyond a reasonable doubt, in my view, the crown has successfully met that onus”.
I understand exactly what she was saying and what their problems are and what are the solutions. It seems to me that she was really handicapped by the court of competent, they need help, financial and securities analyst, powerful expert witness before and during the trial to help them understand and they do not know what they were doing, they do not know the risks and responsibility with financial cases except conviction.
All they have is power and all they want is conviction, it is terrible. As I see that you, lawyers can not convince each other because all you are the same and you are all friends.What you need is an external powerful, high profile expert witness and negotiator, mediator, a great strategist like me. We could be an excellent teamor dream team, together we could have enough power and wisdom to win cases likethese and everybody be happy, including the crown.
I think you could only win both of these cases if you could introduce securities industry experts like me who has the knowledge and expertise like you who have on law and court. I know everythingin the securities industry like what you do in criminal law and defence. I understand both of your cases very well in terms of the business, securities and finance and how to analysis and view economically, how to value the case and how to structure a fair solution or find resolution for a case like that and forcethem to be fair and truthful and to make the case work for everybody, not justfor themselves. OSC, the Crown are making harmless, dead mouse case big to fool the public and killing sound business and harm investors and destroy the most needed talent people for thecountry.
OSC, the Toronto police, legal Aid Ontario, the Crown and I all knew that I could not win my case without a best defence lawyer; I was forced to be self-representedsince they stopped me to access money and to afford a lawyer. Lawyers need money and people to listen, but they do not listen. I could not find a real lawyer who can do better than me including you in the past because all lawyers are dump-truckers who do not have a good strategy and spirit of fighting for their clients,but dump clients to Crown for friendship and favours and old-boy networking.
I know I could win my case completely if Ihave money and have a defence team like George Zimmerman trial in Florida, USA and my case could be more powerful and usefully like Trayvon Martin, not onlycivil right, charter of rights, but also revolutionize the financial andjustice systems, Trayvon Martin, an innocent black kid, got killed or murdered.I am an innocent financial leader who got slandered. We need each other to win somethingbig and change the system, and we can use my case to build a better justicesystem in Canada.My case clearly demonstrated not only unfair, but also a court of competentjurisdiction at issue.
A fair trial need not only big counsels likeyou and a forensic accountant of defence, but also needs industry veterans likeme, experts with expert opinions and a strategist. I am one of the best in thesecurities industry in the World, I’m a creative financial entrepreneur whoknow how to weigh and value, to solve the financial problems, how to structurea solution and figure out a settlement or fair deal for cases in the securitiesindustry and make case for everybody, win-win situation, otherwise, people donot know and understand the securities industry, only the law is far thanenough, there is no understanding, baseline, no industry standard and common sense,do not know what is the common practice, there is no way to valuate, to analysisand compare in order to make right judgement in court; the only way to settlethe cases is by the opinions of the judge, dictatorship, no sound and objectivejudgement in our court, that is veryscary and harmful to the public and the economy.
I found out that one of the biggest problemsand fatal problems in securities investigation and prosecution are prosecutor’swrong assumptions and conviction motivation and ignorance, all the prosecutorsassume investors are stupid, greed and victim; they ignore and underestimatethe financial market and the market force, only show their power, destruction, butthey are not smarter than investors and can not protect them; They usually donot consider investors’ real interest, knowledge and their judgement and power.They make and use investors as victims, never use them and their wisdom tosolve the problems, no democracy in prosecution.
In R. v. Drabinsky case of 2011, the appeal court for Ontario judges (p.166) says: “we would, however, make two observations, first, the investigation and prosecution of crimes like these is difficult and expensive.It places significant stress on the limited resources available to the police and prosecution. An early guilty pleas coupled with full cooperation with thepolice and regulators and bona fide efforts to compensate those harmed by the frauds has considerable value to theadministration of the justice” whichmean they do not understand securities frauds and cases, it is difficult andexpensive for them, but not for the regulators and prosecutors in US.
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